Federal Law

• Under the federal wage and hour laws, a "workweek" is considered seven consecutive workdays, and each workday is comprised of 24 hours. An employer must pay its employees overtime compensation for all work exceeding a standard 40-hour workweek. The federal Fair Labor Standards Act prohibits employers from combining workweeks and averaging them. For example, if an employee works 42 hours one week but works only 18 hours the next week, the employer must pay him overtime for two hours for the week he worked 42 hours. The employer cannot use a time-keeping practice whereby it averages the two workweeks in an effort to avoid paying overtime.
  
  

South Carolina Law

• In addition to complying with the federal Fair Labor Standards Act, employers in South Carolina must comply with the state's overtime laws. The South Carolina Payment of Wages Law establishes the wage and payment requirements for employers within the state. The South Carolina Payment of Wages Law provides employees with legal remedies to enforce their employment compensation rights against noncompliant employers. The Payment of Wages Law does not require employers to pay their employees overtime if they work seven days per week, unless they work more than 40 hours that week. There is neither a requirement under federal law or under South Carolina law that employees who work seven consecutive workdays are entitled to overtime compensation.
  
  

Exceptions

• Employers are not required to pay their exempt employees overtime compensation, according to the Fair Labor Standards Act. The federal labor law exempts some salaried employees who perform administrative, supervisory or executive services, and it exempts outside sales workers and computer professionals from the overtime pay provisions.
  
  

Limitations

• Under the federal labor laws, employers cannot use compensatory timekeeping requirements to pay their employees overtime with time off. In other words, an employer who is not exempt from the overtime requirements must pay its employees monetary compensation for overtime work, and it may not give them extra time off in lieu of monetary compensation. Additionally, the South Carolina Payment of Wages Law requires employers to provide each of their employees with a "Terms of Employment Notice." The notice must be in writing and outline the employer's pay policies, pay dates and rate of pay for each employee. An employer cannot change the terms of its notice without providing at least seven business days of advance written notice to each employee. Furthermore, the Payment of Wages Law requires employers to provide itemized pay stubs for each pay period.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.